Court Summons

[kieb@hotmail.com]

Quite scary as I have just had my first ever court summons. Feel I have started this process but lost my way as all overwhelming.
The Sols actually called today and said need to do form asap and if I pay up I won't get a CCJ. I don't have the money and just wondered what to do now? Is this redeemable or will I end up with a CCJ? Can they send me to prison who give me any give of sentence?
If I get a CCJ does it go against me forever or is there a time frame. I don't fancy not being able to get any credit, mainly remortgage concerns.
The original debt is for a credit card with the post office and I did my three letters with them. Any advice gratefully received.
Thank you.
Michaela

[ceylon]

chill out

how did you deal with the threat of court?

ccj is nothing they will (if you dont pay) give it to a debt collector.

hahahahahahahaha no you will not go to prison, you can issue a denial of service but i really need more info like how did you deal with the threat what did you do and dont say ignored it, as we get our tassit when they either ignore our letters or dont answer with any substance

[ellie12022]

Have you had an actual court summons? It is important not to ignore it if so, as you will likely get a default judgment against you. that decision though is made by the court (especially if you defend) so it is not up to some shonky solicitors to assume that going to court means a judgment in their favour If it is just some 'solicitors' trying to frighten you then don't give in to them.

The consumer action group website is very good for helping people defend against shonky debt collectors

[kieb@hotmail.com]

Hello

Thank you for the responses.

What I have is a Claim form for Northampton (CCBC) for GPB Solicitors.
There is a response pack I need to complete. Need to answer:
If admit the claim.
If you admit part of the claim.
If you dispute the whole claim (a counterclaim) against the claimant.
If you need 28 days to prepare defense or contest the courts jurisdiction.

I need to do an acknowledgement of service and and tick one of the above. I also need to provide some personal details and employment, salary etc.
There is also a section for my defense and a section for counterclaim.
I haven't completed it yet but want to asap.

Thank you
Michaela

[ellie12022]

Ok, so you need to deal with the court summons. I definitely recommend the CAG website I mentioned above, they seem to know their stuff, how to fill in those forms!

As for a CCJ - even if it goes to court then it would have to go against you and I believe you have 28 days to pay before a CCJ is listed against you, and no, it doesn't last for ever. I think it's listed on a credit file for about 6 years.

Have you sent any letters to the solicitors at all? If not why not write and ask for them to send you their Proof of Claim and Proof of Authority against you? Tell them you want to see the Foundation Evidence for their claim. Give them a time limit to respond. (7 days maybe considering the situation).

Try not to panic, there are loads of people & organisations with CCjs against them,and it won't even necessarily get that far.

[kieb@hotmail.com]

Thank you,
I will write to them as you have detailed. I have looked on the CAG and as yet cant find info on filling the form, but will keep looking. Much appreciated.
Michaela

[ellie12022]

There are lots of threads on there, detailing people's legal battles - or you could join & start your own thread, for personal help. There is a book they recommend, which I plan to get when I have the funds.

I haven't ever had to deal with a summons myself and only have limited knowledge.

Did you get a particulars of claim with the summons?

[kieb@hotmail.com]

Many thanks for your response. I have completed the claim for as suggested and have written to the Sols also asking for proof of claim etc.

Do I need to do anything else? I have Bank of Ireland in tacit but never did that with the debt collection agents, should I have done? Can I do it now if so?

Are they likely to come back with proof?

Any further advice much appreciated.

Many thanks

Michaela

[ceylon]

you can start anytime you want

[kieb@hotmail.com]

Thank you, by that I think you mean I can start the tacit with the Sols?

Thanks for your help.

Michaela